Competent individuals have the right to make all sorts of decisions about their lives. Examples are the right to decide about getting health care, and what kind of care to get. What does it mean to be competent and who makes decisions for someone who is not competent?
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Iowa law requires that before taking certain actions, a guardian must get approval of the court. These actions include agreeing to major elective surgery and restricting where the ward lives.
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There may come a time when a guardian will have to decide about limiting life-sustaining medical procedures. A guardian may find it helpful to think about how he or she will make these decisions before the situation becomes critical.
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The court may give a guardian the responsibility of deciding what medical treatment the ward will receive. The guardian must be sure that all decisions about medical treatment are given careful consideration. Each decision should be based on standards of informed consent.
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There are costs associated with bringing a guardianship or conservatorship case. There are filing fees and other court costs as well as the fee of the attorney who prepares the case. If the ward has assets, the court can order payment from the ward. If there are no or very little assets, then the attorney’s fees and court costs must still be paid but there is no governmental source to pay for the costs.
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Sometimes, parents are not able to take care of their kids. The parents may have died, or be ill, or absent. Often, grandparents, aunts, uncles and others help out. Sometimes, the substitute parents may have problems enrolling the children in school. The school may tell the substitute parents that they have to get a “guardianship” over the children.
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